NEW YORK CHILD SUPPORT

 

In any matrimonial action, or in an independent action for child support, the Court may order either or both parents to pay temporary child support or child support.

Child support generally means the amount of money to be paid for the care, maintenance and education of an unemancipated child. The law defines “basic” child support as the sum derived by application of the child support guidelines formula, (set forth below) as increased by obligations for health, child care, and educational expenses.

Basic child support has become understood to mean the regular periodic payment of support made by the noncustodial parent to the custodial parent. The obligations for health care, child care, and educational expenses are commonly referred to as “add-on” expenses. In addition, the law requires the court to determine the parties' respective obligations to provide health insurance benefits for the child, which may include “cash medical support”, i.e., a payment to a health care plan for health insurance.

Therefore, child support consists of three distinct elements: (a) a regular periodic payment, or basic support; (b) contribution towards “add-on” expenses, which are additional items not included in the regular, basic child support payment; and (c) a contribution towards the expense of the child's health plan coverage.

The procedure required by the law is for the court to determine the combined parental income, i.e., the income of both parents, and multiply that income, up to a threshold amount, by a child support percentage, which varies depending upon the number of children involved. The resulting figure is then apportioned between the parents in the same proportion as each parent's income is to the combined parental income.

The child support guidelines formula are:

(i) seventeen percent of the combined parental income for one child;

(ii) twenty-five percent of the combined parental income for two children;

(iii) twenty-nine percent of the combined parental income for three children;

(iv) thirty-one percent of the combined parental income for four children; and

(v) no less than thirty-five percent of the combined parental income for five or more children.

"Combined parental income" shall mean the sum of the income of both parents.

"Income" shall mean, but shall not be limited to, the sum of the amounts determined by:

(i) gross (total) income as should have been or should be reported in the most recent federal income tax return. If an individual files his/her federal income tax return as a married person filing jointly, such person shall be required to prepare a form, sworn to under penalty of law, disclosing his/her gross income individually;

(ii) to the extent not already included in gross income above, investment income reduced by sums expended in connection with such investment;

(iii) to the extent not already included above, the amount of income or compensation voluntarily deferred and income received, if any, from the following sources:

(A) workers' compensation,

(B) disability benefits,

(C) unemployment insurance benefits,

(D) social security benefits,

(E) veterans benefits,

(F) pensions and retirement benefits,

(G) fellowships and stipends, and

(H) annuity payments;

NOTE: the court has discretion in certain circumstances to deviate from this application.